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25 ECHAVEZ V DOZEN CONSTRUCTION G R No 192916
25 ECHAVEZ V DOZEN CONSTRUCTION G R No 192916
BRION, J.:
I. Facts:
Vicente Echavez owned several lots in Cebu city. He donated the lots to Manuel Echavez
through a deed of Donation Mortis Causa. Manuel accepted the donation. Vicente executed a
Contract to Sell over the same lots in favor of Dozen Construction and Development
Corporation (Dozen Corporation). In October 1986, they executed two Deeds of Absolute
Sale over the same properties covered by the previous Contract to Sell.
II. Issues:Whether or not the donation mortis causa is valid despite the non-conformity with
the formalities of a will.
III. Ruling:
No. The donation mortis causa must comply with the formalities prescribed by the law
for the validity of the wills, otherwise the donation would be null and void. Articles 805 and 806
of the Civil Code should have been applied.
Art. 805. Every will, other than a holographic will, must be subscribed at the end thereof
by the testator himself or by the testator’s name written by some other person in his presence, and
by his express direction, and attested and subscribed by three or more credible witnesses in the
presence of the testator and of one another.
The testator or the person requested by him to write his name and the instrumental witnesses of the
will, shall also sign, as aforesaid, each and every page thereof, except the last, on the left margin,
and all the pages shall be numbered correlatively in letters placed on the upper part of each page.
The attestation shall state the number of pages used upon which the will is written, and the fact
that the testator signed the will and every page thereof, or caused some other person to write his
name, under his express direction, in the presence of the instrumental witnesses, and that the latter
witnessed and signed the will and all the pages thereof in the presence of the testator and of one
another.
If the attestation clause is in a language not known to the witnesses, it shall be interpreted to them.
Art. 806. Every will must be acknowledged before a notary public by the testator and the
witnesses. The notary public shall not be required to retain a copy of the will, or file another with
the Office of the Clerk of Court.
V. Doctrine/Principle:
A donation mortis causa can only be valid and take effect if it conforms with the
formalities of a will.
Digested by: J. Hilario Davide